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CM-2016-1137 - 6/27/2016ELECTRONICALLY RECORDED 2016062708 Williamson County Texas ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between the CITY OF ROUND ROCK, TEXAS, a Texas Municipal Corporation, hereinafter referred to as "Round Rock," and GOLD GALS HOLDINGS, LLC a Texas limited liability company, hereinafter referred to as "GGH" and becomes effective on the date this document is signed by the parties. Round Rock and GGH agree as follows: A. Round Rock is the record holder of a 10 -foot wide Public Utility and Sidewalk Easement that runs along E. Anderson Avenue (south property line) and a Variable Width City Utility and Sidewalk Easement that runs along N. Lampasas Street (east property line) (hereinafter the "Easements"). B. GGH has requested that Round Rock, its successors and assigns, allow a sign (the "Sign") encroaching over a portion of the Easements, with the encroachment being as shown in Exhibit A (the "Encroachment Area") attached hereto and made a part hereof for all appropriate purposes. GGH may utilize the Encroachment Area to access, maintain and repair the Sign. C. By execution of this Agreement, Round Rock grants its limited consent for GGH to encroach over a portion of the Encroachment Area strictly subject to the following conditions: 359229bk (1) The Encroachment Area may be located only as depicted on the attached Exhibit A, and that no further encroachments or improvements such as trees, structures of any kind, or underground utilities will be allowed; (2) Use, maintenance and repair of the Encroachment Area shall be solely at the risk and liability of GGH and not at the risk and liability of Round Rock, their successors and assigns in any manner whatsoever; (3) The permission of Round Rock in allowing such encroachment shall be strictly limited to this particular request, and shall not ever be construed as establishing any precedent whatsoever; (4) The parties expressly agree that Round Rock shall never be responsible in any manner whatsoever for damage caused to the Encroachment Area related to the operation or maintenance of the utilities contained within the Easements; (5) To the extent allowed by law, GGH shall indemnify and hold Round Rock, its successors and assigns harmless from any and all loss, damage, penalty, liability, cost and expense, including without limitation reasonable attorney's fees, that may be incurred by, imposed upon, or asserted by reason of any suit, action, legal proceeding, claim, >._ demand, regulatory proceeding, or litigation arising from any act done or omitted to be done by any party, excepting only any loss, damage, penalty, liability, cost or expenses resulting from negligence or willful misconduct of Round Rock, its successors and assigns. This indemnification shall apply to GGH and to each of its successors, assigns, officers, employees and officials. The parties agree that the provisions of this section shall survive the tennination of this agreement. (6) Relative to any subsequent purchaser of the encroaching structure, GGH expressly agrees to adequately inform any such purchaser of the property as to the existence of this Agreement and provide a copy of same. (7) Round Rock reserves the right to rescind this Agreement at any time, with or without cause. GOLD -GALS HOLDINGS, LLC Sh"aenon Haas, Owner Date Signed: (�f' THE C Y OF ROUNDROCK By: kL , L(. Laurie Hadley, City Man er Date Signed: � ,' ' ATTEST: City Clerk, City of Round Rock ,4APR S TO ORM: Iv I City A orney, City of Round Rock (acknowledgements on following page) 2 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this 17 day of . 2016, by Shannon Haas as owner of Gold Gals Holdings, LLC, in the capacity and fir the purposes and consideration therein indicated. =EoDIA ilfly THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this day of 2016, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity aW for the purposes and consideration therein indicated. After recording, return to: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 Notary Public i nd for the tDeoTexas 3 EXHIBIT A FIELD NOTES TO ACCOMPANY MAP OF SURVEY 17 SQUARE FEET WILEY HARRIS SURVEY, A-298 CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS FIELD NOTE DESCRIPTION OF 17 SQUARE FEET OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, ALSO BEING A PORTION OF BLOCK 1, WASHINGTON ANDERSON ADDITION, AN UNRECORDED SUBDIVISION, AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO GOLD GALS HOLDINGS, LLC BY DEED RECORDED IN DOCUMENT NUMBER 2013116324 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. THE SAID 17 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 3/4 inch diameter iron pipe found at the intersection of the north line of E. Anderson Avenue with the west line of N. Lampasas Street at the southeast corner of the said Block 1 and southeast corner of the said Gold Gals Holdings, LLC tract recorded in Document Number 2013116324, from which a 5/8 inch diameter steel pin found on the north line of E. Anderson Avenue bears S 75°05'44" W, 61.96 feet, a % inch diameter steel pin set with cap stamped Lenz & Assoc on the west line of N. Lampasas Street bears N 22'13'29"W, 180.36 feet, and a MAG nail set in asphalt for reference bears S 64°49'42" E, 81.35 feet; THENCE, N 64.41'56" W, a distance of 10.15 feet to a computed point in the interior of the said Gold Gals Holdings, LLC tract for the PLACE OF BEGINNING of the herein described tract; THENCE, traversing the interior of the said Gold Gals Holdings, LLC tract, the following four (4) courses and distances: 1) N 59°54'27" W, 5.14 feet to a computed point; 2) N 22"13'29" W, 4.09 feet to a computed point; 3) S 59°54'27" E, 8.38 feet to a computed point; 4) S 30°05'33" W, 2.50 feet to the PLACE OF BEGINNING, containing 17 square feet of land, more or less - 2 - /-\ G- S- Zo Timothy A. Lenz, R.P.L.S. No. 439 Lenz & Associates, Inc. Firm No. 100290-00 4303 Russell Drive Austin, Texas 78704 OF T (512) 443-1174 � 2014-0027(SIGN).doc ...... ... TINAOTHYA.LENZ �• �� 9 •43932�: Q�� %� ��Ess\�.i� EXHIBIT A MAP TO ACCOMPANY ` FIELD NOTE DESCRIPTION ` 17 SQUARE FEET WILEY HARRIS SURVEY, A-298 ` CITY OF ROUND ROCK 1 WILLIAMSON COUNTY, TEXAS Z \ A `� N ON SCALE 1'=10' �J Z \ 4r m l �\ I .-O p LEGEND )3 0 STEEL PIN FOUND (SPF) O \ Z+= m (GNLESS NOTED) Z \ < \� 0 1/2- STEEL ANSET CC� RK LENZ& ASSO \ O PIPE FOUND 0 \ ® MAG NAIL SET IN ASPHALT \ \O , P.O.C. POINT OF COMMENCEMENT z-\ ` P.O.B. POINT OF BEGINNING GOLD GALS HOLDINGS, LLC \ �\ DOC 2013116324 \ \ SIGN <� i J14' PIPE P.0.8. P.O.C. PROSEOLK EA O WAS P LIE & SIDE 61.96 1sr �l V S75•p5'44 SoN AVENUE C. ANpER BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, CENTRAL ZONE. FOUND MONUMENTS CITED HEREON ARE FROM A SURVEY OF THE PROPERTY PERFORMED JANUARY 30, 2014. LENZ&ASSOCIATES, FIRM No. 100290-00 512144J- 1174 4303 RUSSELL DRIVE AUSTIN, TEXAS 78704 SURVEY Nm: 2014-0027C F.B.#•- LINE TABLE LINE BEARING DISTANCE L-1 N644156"W 10.15 L-2 5427"W 5.14 L-3 4.09 L-495427 �N227J29';V E 8.38 L-5 05'33'W 250 1006/07 G Is - ?-,t- I [,_ S:\Land Proiects 3\Washington Anderson Addn Round Rack\dwa\SUBD PLAT 2014-0027A.DWG. 6/15/2016 10:30:28 AM, Tim 2016062708 Page 6 of 6 2016062708 Electronically Recorded OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk 7/13/2016 10:03 AM Pages: 6 Fee: $ 37.00 Williamson County Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement for a 17 square foot section of land located in the southeast corner of Block 1, Washington Anderson Addition (unrecorded), affecting 110 E. Anderson Avenue. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/24/2016 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: Indexes: Attachments: Encroachment Agreement - Unsigned (00359229xA08F8).pdf, Exhibit A - The Rock Sign Encroachment. pdf Department: Planning and Development Services Department Text of Legislative File CM -2016-1137 This is an application to allow a 17 square foot encroachment into a 10 -foot wide Public Utility and Sidewalk Easement that runs along E. Anderson Avenue (south property line) and a Variable Width City Utility and Sidewalk Easement that runs along N. Lampasas Street (east property line). Section 36-46 of the Subdivision Ordinance allows a landowner to request the vacation of an easement established by an approved plat or by separate instrument. Since the City of Round Rock Utilities and Environmental Services Department wanted to retain a portion of the Easement for future utility expansion, an Encroachment Agreement is better suited for this request. The purpose of the Encroachment Agreement is to allow the location of the property owner's existing freestanding sign within Easements. Following negotiations between the applicant and the City of Round Rock Utilities and Environmental Services Department, an encroachment into the Easements was acceptable with all parties. The City of Round Rock Utilities and Environmental Services Department has consented to the proposed encroachment. Staff recommends approval of the encroachment agreement. City of Round Rock Page 1 Printed on 6/16/2016